Grant & Eisenhofer represented two whistleblowers in a $257.4 million settlement over unlawful marketing of Rapamune
Plaintiff(s):
U.S. ex rel. Sandler and Paris
Case type / claims:
Whistleblower action under the False Claims Act alleging that Wyeth and Pfizer unlawfully promoted the immunosuppressant drug Rapamune for unapproved uses and patient populations, in violation of federal law. The case—initially declined by the U.S. Department of Justice—was later joined by DOJ and alleged misconduct spanning 1999 to 2011, including illegal marketing to transplant centers and improper financial inducements to prescribers.
Defendant(s):
Wyeth Pharmaceuticals and Pfizer, Inc.
Jurisdiction:
U.S. District Court for the Western District of Oklahoma
Year:
2013
Outcome:
- Settled for $257.4 million to resolve civil and criminal allegations related to off-label marketing and kickbacks.
- Wyeth entered a guilty plea to a misdemeanor violation of the Food, Drug and Cosmetic Act (FDCA).
- The settlement included a Corporate Integrity Agreement imposing compliance and oversight obligations on the company.
